Robinson Pasaribu v. Eric Holder, Jr.

MEMORANDUM

Ronny Kurniawan Joso and Liliawati Antaredjo, natives and citizens of Indonesia, petition for review of the Board of Immigration Appeals’ (“BIA”) order denying their motion to reopen. Our jurisdiction is governed by 8 U.S.C. § 1252 . We review for abuse of discretion the BIA’s denial of a motion to reopen. Najmabadi v. Holder, 597 F.3d 988 , 986 (9th Cir.2010). We deny in part and dismiss in part the petition for review.

The BIA did not abuse its discretion in denying petitioners’ motion to reopen their withholding of removal claim in light of this court’s disfavored group cases because petitioners did not demonstrate sufficient individualized risk to show it is more likely than not they would be persecuted in Indonesia. See Halim v. Holder, 590 F.3d 971, 979 (9th Cir.2009); Wakkary v. Holder, 558 F.3d 1049, 1066 (9th Cir.2009) (“[a]n applicant for withholding of removal will need to adduce a considerably larger quantum of individualized-risk evidence to prevail”).

The BIA also did not abuse its discretion in denying petitioners’ untimely motion to reopen because they did not establish materially changed conditions in Indonesia to qualify for the regulatory exception…